S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6529--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2023
                                ___________
 
 Introduced  by M. of A. REYES, SIMON, ANDERSON -- read once and referred
   to the Committee on Health -- recommitted to the Committee  on  Health
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN  ACT  to  amend the public health law, in relation to requiring chain
   restaurants to label menu items that have a high content of sodium
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 1357 to read as follows:
   § 1357. CHAIN RESTAURANTS; SODIUM CONTENT OF MENU  ITEMS.  1.    DEFI-
 NITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A.  "CHAIN MENU DEVELOPER" MEANS THE PERSON THAT OWNS AND LICENSES THE
 BRAND  NAME  UNDER  WHICH A CHAIN RESTAURANT DOES BUSINESS, OR ANY OTHER
 PERSON RESPONSIBLE FOR DETERMINING  THE  FORMULA  OR  RECIPE  FOR  ITEMS
 DISPLAYED ON THE MENU OF A CHAIN RESTAURANT.
   B.  "CHAIN  RESTAURANT" MEANS A FOOD SERVICE ESTABLISHMENT, AS DEFINED
 IN PART FOURTEEN OF THE NEW YORK SANITARY CODE 10 NYCRR 14-1.20, THAT IS
 PART OF A CHAIN WITH FIFTEEN OR MORE LOCATIONS WITHIN  THE  STATE  DOING
 BUSINESS UNDER THE SAME NAME, REGARDLESS OF THE TYPE OF OWNERSHIP OF THE
 LOCATIONS, AND OFFERING FOR SALE SUBSTANTIALLY SIMILAR MENU ITEMS.
   C.  "DAILY  VALUE"  MEANS THE DAILY REFERENCE VALUE USED BY THE UNITED
 STATES FOOD AND DRUG ADMINISTRATION IN  CALCULATING  THE  PERCENT  DAILY
 VALUE FOR NUTRITION INFORMATION PROVIDED ON FOOD LABELS.
   D.  "MENU  OR  MENU BOARD" MEANS THE PRIMARY WRITING OF A FOOD SERVICE
 ESTABLISHMENT FROM WHICH A CUSTOMER MAKES AN ORDER SELECTION, INCLUDING,
 BUT NOT LIMITED TO, BREAKFAST, LUNCH, AND DINNER MENUS;  DESSERT  MENUS;
 BEVERAGE  MENUS;  CHILDREN'S  MENUS;  OTHER  SPECIALTY MENUS; ELECTRONIC
 MENUS; AND MENUS ON THE INTERNET.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05818-04-4
              

 A. 6529--A                          2
 
   E. "STANDARD MENU ITEM" MEANS A FOOD OR BEVERAGE ITEM THAT  IS  LISTED
 ON A MENU OR MENU BOARD, EXCLUDING TEMPORARY MENU ITEMS APPEARING ON THE
 MENU FOR LESS THAN SIXTY DAYS PER CALENDAR YEAR.
   2.  INDUSTRY GUIDANCE. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE
 OF THIS SECTION, THE DEPARTMENT SHALL PUBLISH  GUIDANCE  EXPLAINING  THE
 REQUIREMENTS OF THIS SECTION AND HOW BUSINESSES CAN COMPLY.
   3.    SODIUM  WARNING ICON. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP AN ICON WITH ACCOMPA-
 NYING TEXT THAT SHALL BE DISPLAYED ADJACENT TO THE NAME OF ANY  STANDARD
 MENU  ITEM  THAT EXCEEDS THE DAILY VALUE FOR SODIUM. BEGINNING TWO YEARS
 AFTER THE EFFECTIVE DATE OF THIS SECTION ANY CHAIN RESTAURANT  OPERATING
 WITHIN  THE  STATE AND NOT OTHERWISE EXEMPTED UNDER SUBDIVISION SEVEN OF
 THIS SECTION SHALL DISPLAY ON MENUS OR MENU BOARDS:
   A.  THE SODIUM WARNING ICON AND ACCOMPANYING TEXT PROMULGATED  BY  THE
 DEPARTMENT PURSUANT TO THIS SUBDIVISION, AT A HEIGHT NO SMALLER THAN THE
 LARGEST LETTER IN THE NAME OF THE ITEM; AND
   B. THE FOLLOWING FACTUAL STATEMENT EXPLAINING THE SODIUM WARNING ICON:
 "WARNING  (INSERT  ICON IMAGE AND ACCOMPANYING TEXT HERE) INDICATES THAT
 THE SODIUM (SALT) CONTENT OF THIS ITEM IS HIGHER THAN  THE  TOTAL  DAILY
 RECOMMENDED LIMIT (2300 MG). HIGH SODIUM INTAKE CAN INCREASE BLOOD PRES-
 SURE AND THE RISK OF HEART DISEASE AND STROKE."
   4.    CHAIN  MENU  DEVELOPER  REPORTING REQUIREMENT. ONCE EVERY NINETY
 DAYS, EACH CHAIN MENU DEVELOPER  SHALL  REPORT  TO  THE  DEPARTMENT  THE
 AMOUNT  OF  SODIUM  IN EACH STANDARD MENU ITEM OFFERED FOR SALE IN THEIR
 CHAIN RESTAURANT, OR THAT NO CHANGES TO THE MENU INFORMATION  HAVE  BEEN
 MADE SINCE THE LAST REPORT.
   5.   REPORT REQUIRED. NO LATER THAN SIX YEARS AFTER THE EFFECTIVE DATE
 OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A REPORT REVIEWING  EVIDENCE
 OF  THE  IMPACT  OF THIS SECTION ON MENU ITEM REFORMULATION AND CONSUMER
 BEHAVIOR, AND RECOMMEND ADDITIONAL NUTRIENTS THAT SHOULD  BE  CONSIDERED
 FOR MENU WARNING ICONS.
   6.  VIOLATIONS.   ANY CHAIN RESTAURANT THAT VIOLATES THE PROVISIONS OF
 THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT  MORE  THAN  TWO
 HUNDRED FIFTY DOLLARS PER DAY FOR EACH LOCATION NOT IN COMPLIANCE.
   7.  EXEMPTIONS.  THE SODIUM WARNING ICON REQUIRED PURSUANT TO SUBDIVI-
 SION THREE OF THIS SECTION SHALL NOT BE REQUIRED TO BE DISPLAYED NEXT TO
 A MENU ITEM THAT IS ALREADY LABELED WITH A SODIUM ICON EQUAL OR  GREATER
 IN  SIZE  AND  SIMILAR IN GENERAL APPEARANCE, WHEN SUCH ICON IS REQUIRED
 PURSUANT TO A RULE, REGULATION, ORDINANCE, LOCAL LAW,  ORDER  OR  POLICY
 ISSUED  BY ANOTHER JURISDICTION HAVING THE SAME OR SUBSTANTIALLY SIMILAR
 EFFECT AS DETERMINED BY THE COMMISSIONER.  FOOD  SERVICE  ESTABLISHMENTS
 EXEMPTED  FROM  THE SODIUM WARNING LABELING REQUIREMENT BY THIS SUBDIVI-
 SION SHALL BE USED IN DETERMINING IF A PARTICULAR  FOOD  SERVICE  ESTAB-
 LISHMENT IS A CHAIN RESTAURANT.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately.